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(영문) 대법원 2018.12.13 2018도14548
정신보건법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that both the violation of the Mental Health Act due to hospitalization due to non-hospitalized documents, which are the selective charges No. 1 and the selective charges added in the first instance trial were not proven, on the grounds that there was no proof of crime.

In light of the record, the lower court did not err by misapprehending the legal doctrine on a violation of Article 57 subparag. 2 of the former Mental Health Act (wholly amended by Act No. 14224, May 29, 2016), contrary to what is alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, an appeal may be filed for the reason that the judgment of the court below was affected by grave mistake of facts, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years

Therefore, in this case where a more minor punishment is imposed on Defendant A, the grounds that the court below erred by misapprehending the legal principles, misunderstanding the violation of the rules of evidence, and pointing out the judgment of the court below on the choice of evidence and probative value, or misunderstanding of the legal principles on the premise of facts different from the facts acknowledged by the court below, or the ground for appeal pointing out the misapprehension

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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